(a)
(1) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article.
(2) An association shall hold an election for a seat on the board of directors in accordance with the procedures set forth in this article at the expiration of the corresponding director’s term and at least once every four years.
(b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article.
(c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents.
(d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives.
(e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail.
(f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director.
Related Topics
Related Statutes
- AB-2159 (Maienschein) Common interest developments: association governance: member election
- AB-769 (Grayson) Corporations: meetings: state of emergency.
- SB-432 (Wieckowski) Common interest developments.
- AB-502 (Davies) Common interest developments: election requirements.
- SB-969 (Wieckowski) Common interest developments.
- SB 323 (Wieckowski) Common interest developments: elections.
- Corporations Code Section 7514. Voting by Proxy or Written Ballot.
- Corporations Code Section 7513. Action without Meeting by Written Ballot.
- Civil Code Section 5115. Ballot and Voting Procedure.
- Civil Code Section 5105. Election Rules Required.
Related Links
The New State of HOA Election Laws – Published on HOA Lawyer Blog (October, 2019)